Sutherland Institute applauds the Utah Supreme Court’s decision to uphold the constitutionality of SB 78 – a 2016 law that created partisan elections for members of the Utah State Board of Education.

The court offered a common sense ruling that board members are not employees of the state — acknowledging voters’ understanding that they are electing state leaders, not state employees. Therefore, SB 78 cannot run afoul of the prohibition on partisan tests for employees in the state’s education system.

Reinstating SB 78 is good news for Utah voters and public school students. Partisan elections in board member races is prudent policy because it raises the profile of the 15 elected offices that create important statewide policy on licensing, standards and assessments. Each elected board member represents almost twice as many people as a state senator does. Unfortunately, without efforts to improve the visibility of these races, few people know who their elected board members are – breaking down public participation and government transparency.

Helping Utahns have clear choices at the ballot box creates the opportunity for their voices to be more clearly heard on public education policy decisions.

 Education helps students reach their unique potential. The way public education is governed in the state plays a crucial role in making sure this can happen.